Marine Mammal Regulations (SOR/93-56)

5. Subject to section 6, no person shall fish for marine mammals except under the authority of a licence issued under these Regulations or under the Aboriginal Communal Fishing Licences Regulations.

• 6. (1) An Indian or Inuk other than a beneficiary may, without a licence, fish for food, social or ceremonial purposes for

  • (a) seals;

  • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

  • (c) subject to section 26, four walrus in a year.

• (2) A beneficiary may, without a licence, fish for food, social or ceremonial purposes within the area covered by the agreement under which the beneficiary is enrolled for

  • (a) seals;

  • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

  • (c) subject to section 26, four walrus in a year.

• (3) A person, other than a person referred to in subsection (1) or (2), who resides immediately adjacent to any of Sealing Areas 1 to 4 may fish for seals without a licence in any of those Sealing Areas for food purposes.

7. No person shall disturb a marine mammal except when fishing for marine mammals under the authority of these Regulations.

8. No person shall attempt to kill a marine mammal except in a manner that is designed to kill it quickly.

9. No person shall fish for a marine mammal without having on hand the equipment that is necessary to retrieve it.

• 10. (1) No person who kills or wounds a marine mammal shall

  • (a) fail to make a reasonable effort to retrieve it without delay; or

  • (b) subject to section 33.1, abandon or discard it.

• (2) No person who kills a cetacean or walrus shall waste any edible part of it.

11. No person, other than the holder of a licence to fish for marine mammals for experimental, scientific, educational or public display purposes issued under the Fishery (General) Regulations, shall

• (a) move a live marine mammal from the immediate vicinity in which it is found; or

• (b) tag or mark, or attempt to tag or mark, a live marine mammal in any manner.

12. Where an annual fishing quota fixed by these Regulations has been reached, a fishery officer shall notify the persons affected or likely to be affected by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations.